Oner not returning deposit
Amit
(Querist) 18 November 2014
This query is : Resolved
My owner is not returning deposit and I have already vacated the flat.
Here is the sequence of events:
Owner tells me that he wants to stay in the flat so i should vacate it.
And when i handover the key of flat after I vacate the flat, he gives me cheque of 150000(One lakh fifty thousands) and that cheque bounces becasue of insufficient funds.
After I talk to him, he return 100000(one lakh in cash) and gets a written on paper by me that i received one lakh.
After that for remaining fifty thousand, he is saying that he will return only 30000(thirty thousand) as I had put some holes in his bathroom tyles and he has to spend 20 thousand for damage.
Which is not true, and he is not listening to brokers also, and one of the broker is taking his side.
What should I do in this case?
ajay sethi
(Expert) 18 November 2014
take the Rs 30,000 . amicable settlement is best . you will end up spending more money on legal fees if you take recovery proceedings
Rajendra K Goyal
(Expert) 18 November 2014
You should have issued notice of cheque bounce case and should have filed case u/s 138 NI Act. Presently he has paid one lac and is ready to pay 30,000/- better accept the same towards amicable settlement. Filing case would be costlier money wise and time wise with uncertain results.
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
First you take that Rs. 30,000/- being offered by him immediately after that issue him a legal notice demanding the balance of deposit amount, this will provoke him or frighten him of the legal consequences, in either way you will not lose anything.
Amit
(Querist) 19 November 2014
@ T. Kalaiselvan, Owner has agreed to pay 30000 only if I return the cheque which bounced. And if I return the cheque, then, I think , there is nothing I can do
